HOW TO WIN IF YOU DON'T MEET A LISTING

This is a discussion of how to win a Social Security disability claim if you don't meet a Listing.  First, what is a Listing?

Listings are impairments so severe that if you meet all of the established criteria, Social Security will agree to pay disability benefits.  The link below will take you to the published listings so you can get a glimpse of how complicated they are:

SOCIAL SECURITY LISTINGS (HERE)

Very few claimants will meet or equal the criteria for a Listing.  Of all the disability claims that get approved, probably less than 10 percent actually meet one of the Listings.

HOW TO GET APPROVED IF YOU DO NOT MEET A LISTING:

You have to prove that your impairment, or combination of impairments, prevent you from being able to do full-time work, which Social Security calls "substantial gainful activity" or SGA.  We should divide claimants into two categories, based on their age at the time of disability:

Claimants Under Age 50:  Must prove that you are not able to perform ANY work which exists in substantial numbers in the US economy.  It is not sufficient to prove that you can't perform any of your past jobs.  If you retain the ability to perform lighter or easier work, you will be denied.  For example, a construction worker with a bad back would be denied if he could still work as a small product assembler, packager, or inspector, for example.

Claimants Age 50 and Over: generally only have to prove that they are not able to perform any of their past relevant work (jobs they have performed at substantial gainful activity level and performed long enough to become proficient in the work).  They may not have to show that they cannot transition to other types of work.

So, we see that age plays a very important role in determining whether Social Security will pay you a disability benefit.

Most of my clients will not meet a Social Security Listing.  I go about getting them approved by piecing together medical evidence that shows the severity of their symptoms (both physical and mental).  I seek to use this evidence to show that the claimant cannot sustain full-time work on a "regular and constant basis."  In short, symptoms are so severe that the claimant cannot work 8 hours a day, 5 days a week or an equivalent schedule. 

CAN YOU GET APPROVED IF YOU ARE ABLE TO WORK SOMETIMES, PART TIME OR OCCASIONALLY?

Yes.  A claimant who could work most days but would be absent 3 or 4 days per month due to medical symptoms is not employable due to excessive absences.  A person who can work 4 or 5 hours a day but has to leave early because of pain, fatigue or other symptoms, is disabled because he or she can't sustain a full 8-hour day.  If an individual can stay at work 8 hours a day but is off task an excessive amount of time because of symptoms, he or she may be disabled.  Some factors Social Security will look at to determine if you can perform work on a "regular and constant" basis include:

  • absences due to medical conditions/symptoms
  • how much the worker would be off task each day
  • how many breaks you would need during an 8-hr. day
  • what special accommodations you need in order to complete an 8-hour day at work.
These limitations must be proven by medical evidence.  It is very helpful if one of your doctors will provide a "treating source statement" listing your specific limitations and how severe each limitation is.  This opinion should also be supported by objective medical evidence--such as laboratory tests, X-rays, MRI or imaging studies, etc.  In short, the doctor's opinion must be consistent with the treatment notes.

One of the roles of a disability attorney or advocate is to gather the medical evidence that objectively supports a claim of disability.  One of the key statements in Social Security denial letters is that "You are not disabled according to our rules."  Social Security has their own rules and in order to get paid, you must prove your case according to their rules.  This is where a disability attorney or advocate can prove invaluable.
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297

Free consultations.  No upfront fees.  Pay only if you win.  Keep 100% of your monthly benefit.




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